their practices and they deny some of the more outrageous allegations. all of this was going on as the german delegation, you'll remember, the u.s. is accused of spying on germany's leader. that delegation heads to the white house. plus, a story that has aviation experts confused and concerned, a small plane crashes at nashville's very busy airport and the pilot dies. then on the online application you're using for all of your schools keeps crashing, midway through. it's happening right now and the deadline is just days away. we'll discuss. up first, more trouble for the healthcare.gov website, yet another system outage reported overnight. keeping americans from signing up. this comes as health and human services secretary kathleen sebelius prepares for a capitol

hill grilling on the website's rocky rollout. cnn has new information this morning about red flags raised well before the obama care site went live. cnn's brianna keilar is following all of this for us. what do we know? >> reporter: we've obtain a confidential report is serious warnings. i will tell you an obama administration spokesperson says this was not a dire warning but a list of things to do. when you look at it, chris, much of it reads like it was written in the weeks after the site launched, not before. almost a full month before healthcare.gov went live cgi, the main can thor working on the site highlighted glaring problems, a confidential report obtained by cnn raised red flags like we don't have access to monitoring tools, not enough time in schedule to conduct adequate performance testing and hub services are iter it

mittently unavailable, meaning the site stops working at times. plainly stated warnings and yet they weren't passed on to president obama. he didn't know there were problems until after the site launched. >> i this it became clear fairly early on, the first couple of days -- >> not before that, though, not before october 1st. >> reporter: when embattled health and human services secretary kathleen sebelius testifies before congress today she'll point a finger at some of the private contractors her agency hired. a subset of those contracts for healthcare.gov have not met expectations she says in her prepared remarks which she will deliver after yet another outage hit the site overnight. last week, those very contractors pointed the finger at hhs. >> we have no role in the development of the website. >> reporter: tuesday, the head of the centers for medicare and medicaid services in charge of implementing obama care told americans who have struggled with the website that she's sorry. >> i want to apologize to you that the website has not worked

as well as it should. >> reporter: republicans grilled marilyn tavenner about americans on the current insurance market that have seen their coverage canceled or modified. more than a million so far. >> you have no idea? >> reporter: when they pressed her for a number, she kept a script. >> we'll have those numbers available mid-november. mid-november. mid-november. mid-november. >> reporter: president obama will be in boston promoting obama care later today and competing for headlines with his health and human services secretary. he will be, kate, at faneuil hall, which mitt romney signed the massachusetts health care reform program into law. >> pretty interesting imagery. >> exactly. let's move to the spyingen xadle that's rocking the nsa. testifying on capitol hill, top intelligence official said tracking foreign leaders, even allies, is a fundamental given.

he said other countries absolutely spy on us. jim sciutto has been following the developments for us in washington. good morning, jim. >> incredible to see the heads of the most secretive organizations in the u.s. speaking out publicly and openly defending surveillance at home and abroad. they said emphatically the white house would have known of the spying but added the president might not have known of specific targets and they fought back hard against story line that the u.s. is the only country in the business of spying on its allies. after enduring weeks of accusations of spying overreach -- >> we want to report -- >> reporter: and even more in the hearing room. >> i'm going to say for the last time that the gentleman all the way on the left would be removed. >> reporter: u.s. intelligence chiefs pushed back, arguing that allies spy on allies. >> have the allies of the united states ever during the course of that time engaged in anything you would qualify as an

espionage act targeted at the united states of america? >> yes, they have, chairman. >> that would be skin the with most of our allyies, let's pecka place, the european union? >> yes, it would, charm. >> this is ongoing today, this didn't stop two weeks ago, last year oreg last week? to the best of your knowledge. >> to the best of my knowledge. >> reporter: admitting the u.s. spies on allies as well, including their leaders. >> it's the first thing i learned in intel school in 1963, this is a fundamental given in the intelligence business. >> reporter: still, that argument didn't satisfy some on the committee who questioned the value of angering america's closest friends for minimal intelligence gain. >> it's a policy decision ultimately for us to make, is it worth the risk?

is it worth the risk of that blow-back in light of the information we gather? >> reporter: the intel chiefs emphatically denied reports of nsa sure valance of millions of call in france and spain, stories they call, quote, completely false. >> to be perfectly clear, this is not information we collected on european citizens. it represents information that we and our nato allies have collected in defense of our countries and in support of military operations. >> reporter: our european allies still not satisfied with this defense. i met last night with the vice president of the european parliament who said a serious trust deficit remains and that deficit is likely to have consequences, including on a major trade agreement the two sides are discussing right now. kate and chris, you have a german delegation visiting the white house. the issue that seems to spark the most anger for the european side is not just that spying take place but it went right up to the leaders such as angela merkel. that's the issue that sparks the

most anger. >> all right, jim, thank you so much. interesting, though. mike rogers always says, that's why the president has to have an encrypted blackberry and cell phone. everyone is trying to spy on president obama as well. >> we don't know how much the politics is masking the practicalities these days. >> good one. another storm, not of the political nature, a real one is brewing and could cause problems across the midwest and impact your halloween. let's bring in indra petersons who's tracking the storm for us. what do we know? have you stopped the storm. >> it almost looks like a big bullseye on the weather map. it tracks its way across. it's going to impact a huge chunk of the country for the next several days. heavy snow through montana, wyoming, even today, dustings through colorado. that cold and dry air will clash with that warm and moist air as the system makes its way east. every time you see this, you get

perfect ingredients for severe weather. we're talking kansas city down through central texas. we're looking for strong firestorms to fire up. even isolated hail and especially the threat for isolated tornadoes. that is something we'll be monitoring. the same system as it makes its way east, we're looking at the ohio valley now, extending to houston, we'll be looking for the severe weather threat. this system remans with us for the next several days. another ingredient will be the strong winds accompanying the thunderstorms. notice the winds gusting up to 29 miles per hour in oklahoma, dallas looking for strong winds. winds as strong as about 40 miles per hour. all this wind spreads tomorrow in through halloween as the system makes its way eastward. winds going to 50 miles per hour, even through upstate new york. this is going to be the big concern here. heavy rain, strong winds and of course all this is really going to be the story in halloween. michaela talked about a big dust storm we saw. that will be a big concern as it

makes its way eastward. big news morning. let's get to michaela with the headlines. the dust storm, making news, three people killed in that incident, at least a dozen injured after a dust storm triggered multiple pileups on an arizona highway. you're looking at the result there, blowing dust, causing low visibility on interstate 10 between phoenix and tucson. 19 vehicles were involved. 10 commercial trucks, 7 passenger cars, a tanker and rv. the state of alabama will not enforce parts of its tough immigration law, reaching a settlement with civil rights groups that permanently blocks permissions that directed public schools to ask the immigration status of schools at enrollment time. that statement also acknowledging police cannot stop someone to check their immigration status. cirque du soleil, and mgm grand being cited.

this coming four months after she fell to her death during a show. her line snapped after scraping a sharp edge. the mgm grand and cirque du soleil plan to appeal those citations. could facebook rescue blackberry? potential discussions for a bid for the struggling phonemaker. not sure how serious mark zuckerberg is about acquiring blackberry. singer chris brown has entered a rehab facility one day after he appeared before a judge on an assault charge in washington, d.c. one of his reps said in a statement that brown's goal is to gain focus and insight into his past and recent behavior. his latest arrest could have implications for his probation. that all stemmed from a 2009

conviction in his assault against his former girlfriend, singer rihanna. it almost seems textbook, get into trouble, apologize or go into rehab. i don't mean to sound jaded but we see this time and time again. >> for what? >> past behavior, i hope. >> insight rehab. special forces were apparently ready to go to catch the only named suspect in the attack that killed the u.s. ambassador in benghazi. the operation never happened this morning we're digging into why. a plane crashes in tennessee at a busy airport, no one notices for hours. how could they miss it? that story, coming up. only aveeno dailyale ann] moisturizing lotion has an active naturals oat formula that creates a moisture reserve so skin can replenish itself. aveeno® naturally beautiful results.

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welcome back. they apparently had him in their sights in libya. a top terror suspect charged with last year's deadly attack in a diplomatic outpost in benghazi. a raid was planned but then scraped. the big question, why? barbara starr is at the pentagon. good morning, barbara. >> good morning, chris. earlier this month we've been looking at this. they went into tripoli and grabbed an al qaeda suspect al libi. that set off a firestorm of political turmoil inside libya. and what happened is, they could not then execute the second more dangerous, even more secret mission not for al libi but for a man named abu khattalah he's

under sealed federal indictment for all of that. someone they want to get even more than al libi possibly. but when all of the turmoil happened, the concern, chris, became that the u.s. activity might be so destabilizing it could collapse the fragile libyan government and they had to pull back. the mission didn't happen. chris? >> i hear you on that part, barbara. let's take a half step backwards and give us perspective. why not reprioritize then instead of al libi, going after khattallah if he is arguably a more high-profile target? >> exactly. in the end did they make the wrong decision, go after the wrong person first and not be able to do the second one? some officials tell us those questions are being asked. other officials i've spoken to say, well, look, they went after the one they could get, al libi. the guy they got was very much

want for his role in the 1998 bombings of the u.s. embassies in east africa. it's said to be a very key al qaeda operative in years past. someone they wanted. but look, make no mistake, president obama under significant political pressure to get the suspects in the benghazi attack. this might have been their closest chance and they weren't able to carry it off. chris, kate? >> thank you for the reporting, barbara. let's go to a mystery out of tennessee. fascinating. how could a small plane crash next to a runway at nashville's international airport killing the pilot and go unnoticed for six hours? cnn's christine romans is here with more on this. talk about a mystery. >> fascinating. a lot of questions this morning. why did this plane crash? it erupted into flames after of runway 2-c at nashville international airport at 3:00 a.m. and wasn't noticed until 9:00 a.m. the pilot was dead, the debris on the side of the runway and

many people asking exactly what happened and how did it go so long without anybody noticing this plane was there? how did it finally get noticed? another plane taxiing for takeoff noticed an engine cover on the side of 2-c and called into the tower and said, hey, you've got debris on the field. that's when they noticed this thing. federal officials are investigating this, of course. we know the plane came from the windsor flying club in canada. we know that sometime around 3:00 a.m. it tried to land at this airport. we don't know if it talked to the tower. we know the tower was staffed and we just don't know why it took so long to notice this debris. this is key, low visibility, a lot of fog. once that fog started to lift, that's when you could really see what happened? >> here's the thing once again. we're not talking about a small regional airport that's not staffed 24 hours a day. this is nashville. nashville is a very busy airport. >> we don't know if he was called in, scheduled to land or

ran into troublesome where else and decided to land there. we do know the visibility would have been very, very low. they're not releasing the name of the pilot. we know from canadian media sources, he's a man in his 30s, took that plane from the win sore flying club. the cessna 172 is the most popular small plane. it's a four-seater. >> no matter how small it is -- >> and it erupted in fire. we don't know if he landed on the runway, crash landed outside the runway. six hours in the fog that plane was there with a pilot dead before someone noticed at nashville international. >> you can be sure they'll be investigating this one. >> we'll wait for more updates today from federal officials investigating this. >> thanks so much, christine. >> you're welcome. coming up next on "new day," we're just hours away from health and human services secretary kathleen sebelius testifying on capitol hill about the obama care website fiasco. what should you expect? john king is here to take a

little in our "political gut check." hold on to that bottle. turns out wine is in short supply. we'll tell you why when we come back, kate bolduan. >> breaking news.

welcome back to "new day." it's time now for the political gut check of the morning. health and human services secretary kathleen sebelius is in the hot seat today going before xong to answer for the problems with the obama care website and the new controversy over some americans being told their health coverage is being

canceled. john king is here with a look ahead at what is to be expected today. i think it might be an understatement of how high the stakes are for kathleen sebelius today. what does she need to do in this hearing? >> well, kate, what she needs to do is project confidence they figured out the problems and are going to get it right. she is going to face mostly from republicans but watch the tone of the democrats. that will be important today, questions about her credibility and confidence and in those questions then, a gateway into questions about this will come from republicans about whether obama care is doomed to fail. whether it is too big, too complicated. too much regulations, too much government imposed on people's lives. there's a ton of politics in this but there also will be serious policy questions including the last part she just elude e e ed -- alluded to. the president said if you like your health plan, you'll get to keep it. for many americans, we're

learning more and more, that's not true. the website was the first open for republicans. this is a factor, that people who like their plan won't get to keep it. watch for questioning on that front, not only on her credibility but the president's credibility, once he misled people. >> this controversy, do you think that threatens to be the longer lasting impact and the lingering problem for the administration? and specifically the president on this issue? >> well, that's more personal. if you do like your plan, if this becomes a bureaucratic hassle for americans out there as it is implemented over the next several months and into next year, it becomes much more difficult. you have two different challenges today. while she's on the hot seat on capitol hill, the president is going to boston. remember the massachusetts health care plan? remember mitt romney? the president's message in boston is going to be lift your head, folks, try to look over the horizon. when they implemented the plan

in massachusetts, there were bumps, bruises and political controversies. most people in massachusetts are happy and 95%, 96% of state residents have coverage. the president will say if you look on the horizon, this will get better despite the problems right now. the secretary will be a bit of a pinata because the problems at the moment, there seem to be more and not fewer as we go through each day. >> how do -- what's the best outcome that kathleen sebelius and the obama administration can hope for coming out of this hearing? you know she's going to take a beating. >> the best outcome coming out of this hearing given the big political dynamic is to not lose any more democrats. the rains are gone. the rains will beat up the program. they'll beat up her credibility and beat up the president's credibility. they'll challenge almost everything she says. the key point for them in terms of the politics so that a month from now, two months and three months from now, this conversation is very different, is to instill some confidence in the democrats that they're going to figure it out and the things are going to get better. because as we head into the

election year, if they start losing more democrats, watch out. >> i do want to ask you, keeping focus on capitol hill, the top intel guys, national security guys on the hill yesterday obviously. making a very forceful defense of nsa spying programs, very unapologet unapologetic. you have that. they answered a lot of the questions but what happens next in this other controversy and scandal that the white house is dealing with? >> you have a policy track and political track. on the policy track, congress doesn't believe it's gotten straight answers all the time. it was interesting to watch the house intelligence chairman mike rogers essentially tongue lash other members of the committee who tried to say they never told other people that they were monitoring around the world. he said that's not true. if you did your home work, you'd know this. even the nsa officials saying they'll declassify more information.

there is no question there will be more oversight and the goal of more transparency. you get the credibility questions, though, why wasn't the president told if he didn't know this? you'll watch that one play out as pell. we didn't know or we weren't told has been the answer so often. not only will there be individual questions about intelligence and health care but much like george w. bush faced around the same time in his presidency, questions about the administration's credibility and competence to get things done. >> even the answer we weren't told doesn't seem to be good enough at this point. >> that's a big question, the culture, the management culture of the administration, pick any program when they say these things. if the boss didn't know, why didn't boss know? why didn't somebody kick the door in and tell the boss on something so important, we had a problem? >> great point. we'll talk soon. >> thank you.

we're covering capitol hill closely today but many other stories making news this morning. iraq's prime minister paying the u.s. a visit and meeting with vice president joe biden today. nuri al maliki will meet with members of the house and senate foreign relations committees. he is expected to ask the u.s. for military supplies to fight an upsurge in sectarian violence spilling over from the syrian border. he will meet with president obama friday. six people, including two children have been found dead inside a south carolina home. it would appear it's an apparent murder/suicide. the greenwood county sheriff says the victims range in age from 9 into their 50s. all of them had been shot. police went to the house after receiving a 911 call from a man inside the home who said he was intent on hurting himself. expect more emotional atestimony at the utah murder trial of martin macneill. three more of the defendant's daughters will testify against him. macneill is charged with killing

his wife, their mother, so he could be with his mistress, a woman named gypsy willis. she took the stan tuesday along with her mother who claims macneill told her he never loved his wife. new details on a hacking attack on software join the adobe. the company revealing 38 million user names and pass words were stolen, not the nearly 3 million records originally thought. adobe said it's notified all of the affected users and reset their passwords and revealed the hackers took part of the source code for photo shop. and some troubling news for wine lovers. there is a global wine shortage. it's reportedly only going to get worse. our newsroom is abuzz with this. can i tell you, the production -- chris is having a hard time himself. according to a new report from morgan stanley there's not enough production to keep up with the demand. it's supply and demand issue here, chris. global wine production fell more than 5% last year, primarily due to bad weather in argentina and

france. analysts say there's little reason to believe production will pick up anytime soon. don't you think the sequester could have been blamed for this or the shutdown? we drink more because we're upset by it. >> i was wondering. >> do you think there's a correlation. >> it might be a chicken and the egg problem. are more problem drinking wine or is it a production problem. >> notice italia, no slowdown. >> italy to the rescue. >> again. >> thank you. thank you. thank you. >> no, thank you. >> you should say you're welcome. >> that's right. coming up next on "new day," this is a very stressful time for every family with a child trying to get into college, all watching grades, filling out applications, adding to the stress, a problem with the very system designed to make the process easier. that story, next. plus, a surprising allegation against apple. is it designing its phones to get slower as they get older? so you have to buy a new one?

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let's go around the world now, starting in syria where a key government official has been fired for trying to talk to the west about ending the civil war there. mohamed jamjoom is covering it. >> jameel seemed mystified by his firing telling a lebanese radio station he was in geneva to start the peace talks, that there seemed to be some confusion with his role as a government official and internal operation in syria and he still

hadn't been informed officially of his firing. to china now and the hunt for the people in a deadly car crash in tiananmen square. >> police are searching for several suspects that appear to be linked to the deadly crash and ball of fire right at the heart of beijing in tiananmen square. now, the names are from the uighur muslim minority. because of the location in the most sensitive part of china, this event is deeply embarrassing for china's leaders. kate, back to you. >> thanks so much, david. and in turkey, a new tunnel is providing a vital link between two continents connecting europe and asia by train for the very first time. john de

john. >> this tunnel happens to be the deepest in the world, costing $4.5 billion, covering nearly 40 miles. istanbul is known for its snarled traffic, 14 million citizens. the hope is now 1.5 million will leave the roads and go on the rails. kate, back to you. >> that is impressive. john, thank you very much. it's a stressful time of year, not just the holidays but college application time. it tornadoes out one of the things that's supposed to make the process easier is doing the opposite. talking about the so-called common app used by hundreds of colleges, now online only and rife with technical glitches. the deadline to apply is fast approaching. let's turn to cnn's chris freights, the newest member of cnn. welcome my friend. tell us what we've learned. >> good morning, chris. if someone said to you this morning, man i had trouble

trying to logon to that website, you'd probably think they were talking about the obama care mess. but for kids applying for college are probably talking about common app. >> reporter: the most stressful part getting to these beautiful campuses is this, the dreaded college application process. it's become a cultural touch stone. >> gymnastics national champion. my father is cuban and in a wheelchair. >> reporter: for this year's grab of high school seniors there's more angst than usual. a website designed to make the process easier is plagued by glitches, login errors, lagging credit card payments and delayed politics. the common application was designed to let students apply to multiple schools by filling out a single application. this year, the common app retired its paper version and went exclusively online. and that's when the problems began.

>> it can be stressful knowing they're having technical problems. i'm sure i'll get through it. >> login was unsuccessful. >> reporter: common app estimates this year about 800,000 students will submit millions of pleks to more than 500 schools. from alaska pacific university to the university of north carolina at chapel hill and even harvard. common app was supposed to make an already stressful college application process easier. >> the kids who are applying want to make sure their applications get in in a timely manner and look good. so far they're having problems and it's stressing them out. >> reporter: one part of common app that is working well, their facebook page. students and parents are venting their frustration. >> my daughter still cannot login. help, please! >> reporter: common app did not respond to multiple interview requests but in a statement to cnn they said as we approach the busy deadline season we are fully committed to ensuring

complete and timely review of applications for all common application members. particularly those with november 1st deadlines. but at catholic university they've gone old school, retreating to the basement to scan hundreds of applications into their system. >> universities around the country rely on the common application. we're on their side. we need them to fix this. we do hope that there is a resolution and fix to this very soon. >> reporter: chris and kate, the one thing that universities are telling us is kids should not panic. they won't be penalized if their applications are delayed because they've been using common app. in fact, more than 50 schools have pushed back this friday's deadline to give students more time to get their applications filed. >> silver lining you can take out of this. there are a lot of families sweating this morning they can't get on common app right now. >> good information to have, especially about them extending the deadline. appreciate the reporting. welcome. >> thank you. >> absolutely.

let's get back over to indra. she has her eye on a storm that could be causing trouble through many parts of the country. >> today will feel mild in new england and northeast. that will change. today if you're in portland, 51 will be your high. providence upper 57 there. new york city look for 62. now let's talk about that change that will make its way across the country. we're looking at this big system, the one that dumped heavy snow yesterday from montana, wyoming, even through colorado. today all that cold air from that system is going to make its way farther east and combine with warm, moist air. every time we see that we get our severe weather risk. we're talking about anywhere from kansas city down through central texas. look for strong thunderstorms especially as we go through the afternoon. isolated hail could be out there, even the threat of an isolated tornado. that will be the concern. we're also talking about heavy rain in short periods of time. 3 to 5 inches of rain, if you're between pretty much dallas and houston. 1 to 2 inches pretty much

anywhere else extending to the ohio valley. 1 to 2 through the quad cities as well. those will be the heavy spots. we're looking for flash flooding as a concern as well. now tomorrow, the system for halloween makes its way farther to the east. ohio valley through houston i should say. we're looking for that threat pretty much for severe weather. that will be the concern, not just rain. also strong winds. the system has developed into strong enough winds gusting to about 40 and even 50 miles per hour. today alone if you're in through dallas, oklahoma, winds gusting through 30 miles an hour, kansas city, up to 40 miles an hour. tomorrow you see the winds strengthen through the ohio valley and upstate new york. those are strong gusts that you're looking at right there. >> very strong ones. >> thanks, indra. >> sure. we'll take a break on "new day." when we come back, pretty sneaky. if it's true. the allegation of big tech company intentionally designing its products to slow down as they get older so you have to buy a new one.

we'll take a look. and the innocence of a child. looks like he has a new friend in a very high place. the little fellow who charmed the pope is our must-see moment, coming up next.

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aggressive music. we'll go deep on something here. i kind of love this. welcome back to "new day." it's bold, it's a suggestion of conspiracy at apple. a column "new york times" in the says that just maybe, maybe

apple might have planned that sluggishness and shortened battery life on your aging elderly iphone. they could be timing it so you're forced to get a new one. you've wondered this, katherine rampel wrote that article. she's a reporter for "the new york times." you put on paper what a lot of us have wondered about. >> i've gotten comments from readers who have said, i've been wondering about this. >> what is your theory? >> my theory is, yes, phones do seem to slow down around the time that a new operating system comes out and it's ambiguous about whether apple plans it deliberately. that is the new operating system, new software that comes out is designed to with the capabilities of the new hardware in mooned which it has a faster processor, which can do more fancy things and it could be

that it so happens that that happens to slow down the older phones. so it's ambiguous, very hard to infer motive is what i'm saying. you can have conspiracy theories about whether apple is doing this deliberately. >> it could be benign as well. >> it could be benign. that doesn't mean it will upset consumers and encourage them to update. is apple incentivized to make you want to throw away your old phone and buy a new one. you could read the situation both ways. >> could you. >>? i write about economics. economists would say that if you're a monopoly and if you don't face any sort of competition, yes, this is what you want to do, force people to junk their old phones so you kandahar vest more sales out of them when they've become your customer. if you face competition it's not so clear because the problem is, what if in the process of, you know, degrading the quality of the older product you annoy your

customer so much they switch to a competitor? that's the question. how competitive is the smartphone market and you know, reasonable people candice agree about that. >> you're raising very good questions, questions that a lot of people have thought about at home, i'm sure but also provocative questions. have you gotten any response from apple about this. >> i called them before the piece ran but declined to comment. >> which is par for the course with them. >> it's hard with any company. apple is particularly secretive. >> is planned on sell obscelesn >> the way to get people to buy more stuff is put an expiration

date on everything they own. the idea was -- >> disposable stuff. >> exactly. if you set expiration dates on things artificially, people have to buy more stuff. that will stimulate the economy. >> i know about planned obsoletence. i don't hear the proof. i feel you are fueling the paranoias we have. if you had cited the change in the shape of the charging port. why do they change the shape? to sell you more stuff. as your phone gets older like your blender, car, things start to not perform the way they did. >> or we, us as humans. >> like my knees. this happens. couldn't it just be that? things get better, faster, more powerful? as we innovate, things don't keep up. >> that's certainly true. i'm sure apple will say, look,

innovations come on the scene and people want new things but on the other hand consumers don't necessarily know when they buy the iphone 4s that two years from now, not only will it not be as cool as whatever new product comes out, in this case, the 5s or the 5c but it will be like unuseable. which is what the problem was for me when my iphone 4 -- >> quick question. >> yes. >> are you still buying apple products or giving them up? >> yes, i am. >> she's hooked on them. >> after i wrote this column i gave in and upgraded and i have a 5s. i have a iphone 4 at home. >> which now will mysteriously stop working because you wrote this piece. >> i think apple knows better than that. >> tweet us #newday. i don't think this is isolated to just iphones. i think there's other phone companies, if you look at -- i'm not going to say the maker of my phone. it could be something that's happening to all gadgets.

katherine rampel, thank you for this. we appreciate it, with "the new york times." pope francis taking the biblical quote let the children come to him and do not hinder them to heart. an adorable little boy stole the show at the pontiff's annual meeting at the van kin over the weekend. he was taking questions from followers when the little guy wanders up to him, hugs him, tugs on his robe. inspects his papal adornments. almost sits on his lap and you know what's so wonderful about this pope, he did not seem to mind at all, seemed to encourage it. a security guard even tried to lure the little boy away with candy. that didn't work. he stood his ground. >> there's nothing the catholic church could want more than this image right now. this pope was all about reaching out, remembering the message of catholicism. >> we thought you'd like that. >> good stuff for them. and a lucky little boy. he'll have some memory.

>> that's a picture i'd want to have. coming up on "new day," we're just about two hours away from a real beatdown for health and human services secretary kathleen sebelius. why? she's heading to capitol hill, going to try to explain what's happened with the rollout. it's probably not going to go well. we will bring you a take on what's about to happen and the latest information on when the administration may have known. . also ahead, take a look at this barge. why are we talking about a barge? it's floating in san francisco bay but what may be on board has the tech world guessing. stay with us. ith knee pain, whe. [ man ] hey, brad, want to trade the all-day relief of two aleve for six tylenol? what's the catch? there's no catch. you want me to give up my two aleve for six tylenol? no. for my knee pain, nothing beats my aleve.

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did you watch the nba first games last night? everybody looks big and strong. lebron james and the heat got things started last night. they send a strong message and that followed through the whole game. let's bring in andy scholes. the heat looked good. derrick rose, what did you think? >> you know what, i thought he looked good for his first game back. he might have had jitters after missing last season. the heat are the favorites to win it all again this year. before they begin their quest for a three h-peat. they received another fancy ring, 242 diamonds in this year's version. that's bling. the heat were in championship form. jumping out to a big lead in the first half. bulls fans excited to see derrick rose back in action. he did only score 12 points but looked good. the heat win the opener 107-95.

game six of the world series is tonight. and getting to boston for the game turned out to be a travel nightmare for the cardinals. mechanical problems kept the red bird's plane on the ground and the players stranded on the tarmac for more than seven hours last night. the team finally boarded a new plane and arrived in boston shortly after 11:00 p.m. fans are paying big bucks to see the red sox and big papi potentially make history. standing room only tickets are going for close to 1,000 bucks. the red sox haven't clinched a world series title at fenway since 1918. guys, if the red sox want to be popping champagne bottles off tonight they'll have to do something that no other team has been able to do, beat cardinals young stud pitcher michael wacha. he's a perfect 4-0. >> my brain stopped. did you say the ticket was $12,000? >> $12,000.

could be sports history tonight. world series at fenway park. hadn't seen it clenched since 191. almost 100 years. >> can't put a price on history. yes, you can. $12,000. >> thanks so much, andy. we'll talk to you later. we're close to the top of the hour which means it is time for the top news. >> this initial experience has not lived up to our expectations or the expectations of the american people and it is not acceptable. in the hot seat. kathleen sebelius facing her critics this morning. how early were her people warned about the obama care rollout problems? cnn has new information this morning. super soaker, a halloween storm threatening the holiday for millions. tornados across the country's midsection today as rain, wind and floods move east. a life-saving stop. the amazing moment caught on tape. this bus driver who literally talks a woman off a ledge.

he speaks out this morning. >> your "new day" starts right now. what you need to know -- >> why did we not know? we are the intelligence committee. there will be changes. >> announcer: what you just have to see. this is "new day" with chris cuomo, kate bolduan and michaela pereira. good morning. welcome back to "new day," wednesday, october 30th. 7:00 in the east. new this morning, german officials demanding answers from national security officials at the white house. you know what, they pretty much got them from the nation's top spy master who testified on capitol hill acknowledging the u.s. spies on its allies and strongly defended the practice. we'll have the latest in a live report. and in california, a funeral for the 13-year-old boy that was shot by police while carrying a

toy gun. but the protests are just beginning. some demanding the officer involved be charged with murder. but is that fair? we'll examine this. and then a big mystery. we do love a good mystery on "new day." not one but two secret barges floating off of san francisco and off maine. what could they be? we'll tell you why only google knows. but first, the blame game over the troubled obama care website rollout shifts into high gear this morning when kathleen sebelius goes before a congressional committee. this comes as there are new reports of another outage on the healthcare.gov site preventing americans once again from signing up. let's bring in cnn's brianna keilar tracking developments for us at the white house this morning. good morning, brianna. >> hi, chris, good morning to you. cnn has obtained a confidential report from early september. an agency spokesman says the report is not a dire warning but instead more of a list of things to do. much of it reads as something

that were written in the weeks after the october 1st launch of obama care, not before it. almost a full month before healthcare.gov went live, cgi, the main contractor working on the site highlighted glaring problems, a confidential report on tenned by cnn raised red flags like we don't have access to monitoring tools. not enough time in schedule to conduct adequate performance testing. and hub services are intermittently unavailable, meaning the site stops working at times. plainly stated warnings and yet they weren't passed on to president obama. he didn't know there were problems until after the site launched. >> i think it became clear fairly early on, the first couple of days -- >> not before that, though? not before october 1st. >> no. >> reporter: when e78 battled health and human services secretary kathleen sebelius testifies before congress today, she will point a finger at some of the private contractors her agency hired, a subset of those

contracts for healthcare.gov have not met expectations. >> do you swear the testimony -- >> reporter: last week those very contractors pointed the finger at hhs. >> we have no role in the development of the website. >> reporter: tuesday, the head of the centers for medicare and medicaid services in charge of implementing obama care told americans who have struggled with the website that she's sorry. >> i want to apologize to you that the website has not worked as well as it should. >> reporter: republicans grilled marilyn tavenner about americans on the individual insurance market who have seen their current coverage canceled or modified. more than a million so far by cnn's estimate. >> you have no idea? >> reporter: as they pressed her for number of americans who have been able to enroll in obama care, she kept a script. >> we will have those numbers available mid-november. mid-november. mid-november. chairman camp, we will have those numbers available mid-november. >> reporter: later today, president obama will be in boston where he will be

promoting obama care and meeting for headlines with his health and human services secretary and, kate, he'll be at faneuil hall where mitt romney signed the massachusetts health care program into law. more than a million americans are receiving notices that their health coverage is being canceled and they can't keep their existing plans which contradicts what the president has said over and over again. >> if you like your doctor, you will be able to keep your doctor, period. if you like your health care plan, you'll be able to keep your health care plan, period. >> so then what's behind this? why can't people keep their plans? christine romans is here taking a look at that. >> good morning, kate. why are the people losing their plans or being forced to pay more? most of the time it's because the plans they have now don't meet the minimum standards of the affordable care act. they're not legal anymore. the affordable care act says

everything should get mental health, pregnancy and medication coverage. with a few exceptions, plans that don't meet the minimum are gone. plan "a," if you don't have all three of those things, it is gone. the new plans that are offered must follow obama care requirements. they're usually a little more expensive or can be more expensive because they have to cover all of those things. they can't pick and choose. the data so far is mostly anecdotal, right? for example, our elizabeth cohen spoke to a 34-year-old man who buys his own coverage. he's now paying $173 a month, $5,000 deductible. his new plan would cost him more, $244 a month with a deductible of more than $6,000. remember, there are out-of-pocket maximums, about 6,350. his old plan did not cover everything that the law requires. maternity care, brand name

drugs, mental health care and routine illnesses like hernias or ear infections. the administration says the expansion of coverage is necessary because you can face an ill necessary or accident at any time. some people feel they're too healthy to have to pay for coverage they don't use and some people feel they don't want to change. this is mostly for people who buy their own coverage right now. the coverage you used to have might, quite frankly, be illegal. >> the white house says it's really just about 5% of the population. saying that it's -- obviously the vast majority is going to be able to get what they need and what they want. but it's still 5% of the population going against what the president said over and over again. >> right. but why? is it 5% looms large when you're trying to make the example that the law is no good, which is a big part of the political push right now. >> christine, thank you. we'll have live coverage of the kathleen sebelius hearing. you'll want to hear about that. that will be starting at 8:55 this morning. our coverage right here on cnn. >> we heard something rare in

washington yesterday, the truth. we do it, they do it, everybody does it. that was the defense top u.s. intelligence officials gave about spying, including spying on american's allies. german officials said to be unsatisfied and are meeting with national security officials at the white house today. what could be on the agenda? jim sciutto joins us from washington. what do we know. >> reporter: you know what a challenge it can be getting straight answers. now, a couple big headlines from here. first they said emphatically that the white house would have known of the spying on the u.s. allies. they added the president might not have known specific targets. they also fought back hard against the story line that the u.s. is the only country in the business of spying on its allies. after enduring weeks of accusations of spying

overreach -- >> we want our fourth amendment back. >> reporter: and even more in the hearing room. >> i'm going to say for the last time that the gentleman all the way on the left would be removed. >> stop spying. >> reporter: u.s. intelligence chiefs pushed back, arguing that allies spy on allies. >> have the allies of the united states ever during the course of that time engaged in anything that you would qualify as an espionage act targeted at the united states of america? >> yes, they have, chairman. >> that would be skin the with most of our allies let's just pick a place, the european union. >> yes, it would, chairman. >> this is ongoing today, this didn't stop two years ago or lastier or maybe last week? to the best of your knowledge. >> to the best of my knowledge. >> reporter: director of national intelligence james clapper granted that no one's hands are clean, admitting the u.s. spies on its allies as well, including their leaders. >> it's one of the first things

i learned in intel school in 1963, this is a fundamental given in the intelligence business is leadership intentions no matter what level you're talking about. military leaders as well. >> reporter: still, that argument didn't satisfy some on the committee who questioned the value of angering america's closest friends for minimal intelligence gain. >> it's a policy decision ultimately for us to make, is it worth the risk of that blow back, in light of the information we gather. >> reporter: intel chiefs emphatically denied reports of surveillance of millions of calls in france and spain. they called them false. >> to be perfectly clear this is not information we collected on european citizens. it represents information that we and our nato allies have collected in defense of our countries and in support of military operations. >> reporter: our european allies still not satisfied with this defense.

i met last night with the vice president of the european parliament who said a serious trust deficit remains and that that is likely to have real consequences, including on a major trade agreement the two sides are discussing right now. i know there's skepticism about that european argument. what they tell me, the thing they felt was over the top was going after the personal cell phone of a leader like angela merkel, the other stuff, everybody knows agencies spy on agencies. when it goes to the leaders, that's the one they said was a step too far. >> jim, thank you so much for that. let's get over to indra petersons now, keeping track of the latest forecast and a big storm causing a whole lot of trouble in the midwest today, indra. >> we're talking about a mini storm and a big one. up in canada, the ministry storm could bring light showers into new hampshire and vermont. easy to see the big bullseye on the map. i wanted to highlight it. it's the one that brought the heavy snow the last several days through montana and wyoming. montana got over a foot of snow.

this is key. it has a good amount of energy with it. this exact same system will move way from the cold and dry air and make its way into the warm and moist air. we're seeing two different air masses clashing as the system makes its way east. with that we had a severe weather threat both today and tomorrow. today from kansas city right down through central texas. severe thunderstorms especially as we go through the afternoon. even an isolated tornado cannot be ruled out. tomorrow, ohio valley pretty much down through houston. we'll have to keep our eye on this system. this is going to be one of the biggest things we'll see, strong winds. gusts through texas, oklahoma, missouri, anywhere from 20 to 40 miles per hour. tomorrow those winds even get stronger. we're talking about gusts close to 50 miles per hour through upstate new york. also a heavy rainmaker day. 3 to 5 inches through texas. also in the quad cities, 1 to 2 inches of rain. a lot to think about for

halloween and also if you have travel plans. >> indra, thanks so much for they up date. michae michaela? let's take a look at the headlines. making news, u.s. officials telling cnn that special ops forces had to abort a plan to capture a suspect in last year's consulate attack in benghazi, libya. the target was abu khattalah. the mission was scrapped largely because the attention caused by a raid in tripoli just hours before that captured al qaeda operative abu anas al libi. a small plane crashing at nashville international airport. no one noticed, however, for six hours. a pilot and taxiing plane spotted the wreck tuesday at 9:00 in the morning. officials say the single engine cessna crashed on the side of the runway around 3:00 a.m., killing the pilot. the national transportation safety board is investigating what caused the crash and why no one discovered it sooner. a deal has been reached

between alabama and civil rights leader. the deal permanently blocks major portions of a law passed in 2011 requiring students to declare their parents immigration status at the time of enrollment and a provision that banned unauthorized immigrants from soliciting work. the agreement still has to be approved by a federal judge. nypd police commissioner ray kelly's planned lecture at a brown university -- at brown university did not go quite as planned. sorry. we thought we had sount there for you. protesters interrupted his speech, shouting the disapproval of new york's stop and frisk law, saying it discriminates against blacks and muslims. kelly gave up and left after 20 minutes. david beckham will not be returning to the soccer field as a player but he may soon be occupying the owner's box. the retired soccer star is

reportedly eyeing miami as the destination for his major league soccer franchise. beckham is still putting together a team of investors. his representatives have been seen in the area looking at sites for a future soccer stadium. have you noticed something, they were in l.a. and then miami. >> also known as the gratuitous, topless photo. >> our producers chose that shot. >> it's okay. >> i had nothing to do with it. >> coming up on "new day," a 1 -year-old laid to rest after being shot and killed by police. the police call it a tragedy for everyone involved but many protesters aren't convinced. will there be charges for the officer involved? would that be the right call? we'll examine it and you decide. you cannot google the answer to this one. why is there a mystery barge floating in san francisco's bay? we'll tell you about it, ahead. the american dream is of a better future,

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welcome back to "new day." can you tell what i'm holding right now? can you tell if it's real or fake? bring the camera in closer. what am i pointing at you? what do you think? if your life was at risk what would you think? i remove this. it's a toy. they have to have this colored thing on it. what if it didn't have it on? it would be the exact same thing that 13-year-old andy lopez was carrying when his was killed by police. his did not have the orange tip at the end of the barrel. in a moment we'll talk about the case with former nypd detective harry halk. dan simon will remind you what this story is all about.

>> reporter: classmates and friends of 13-year-old andy lopez carried his casket into the santa rosa church for his funeral. his drought parents seen entering the service which was filled to capacity. classmates remember lopez fondly. >> andy was a nice person. he would always make you smile and laugh anytime you were sad. he was loved. >> reporter: but with the grief he was outraged. >> what do we want? >> justice. >> reporter: hundreds of protesters took to the streets tuesday, many of them teenagers skipping school. demanding justice for lopez, gun down by a sheriff's deputy last week who parentally thought the teenager posed a deadly threat holing what turned out to be a gun, an ak-47 replica. some think the deputy and his partner showed poor judgment or worse, deliberately targeted a hispanic youth. >> we're here to say a badge is not a license to kill. we demand that the cops be

jailed. we have no confidence in the police or politicians. >> reporter: investigators from another police department are still reviewing the case. but thus far, seem to be defending the deputy. a 24-year veteran, saying that he had to quickly act based on the perceived threat. >> if the weapon appeared real, that the subject appeared to be turning toward them. and the barrel of the weapon appeared to be rising in their general direction. >> reporter: complicating matters, the replica call an air soft rifle did not have an orange cap required by law to be put on toys. but protesters say this is the case of an overzealous deputy. >> we want this eric gelhaas jailed and charged with murder. >> reporter: the how and why surrounding the shooting may be open to question. what's undeniable is that a 13-year-old is dead, his mom and dad filled with sorrow. dan simon, cnn, santa rosa,

california. as dan points out when a child is killed by anybody, let alone a police officer, it raises questions. we have to also do careful analysis. let's do that right now. we're going to bring in harry hx alk. he understands these situations, lived through one yourself. >> yes, i did. >> let's go through the punch points of this. the first one, this all happened in ten seconds. to the uninitiated it sounds like why didn't officer wait? why couldn't it be a more deliberate process? tell me about the thinking that happens. >> first let me say i think this is a terrible tragedy. it's terrible when something like this happens. any police officer might have to deal with this situation at any time. all right? what's going through a police officer at the time when he sees somebody with a weapon is not only his own safety but the safety of the people around him. that officer might have saw this kid with this weapon which of course looks exactly like an ak-47. all right? he's got -- he's former military, he has 27 years

experience. he knows what this weapon can do. that's going on in his mind. the whole thing for him, he needs to eliminate that threat, all right? at any moment, you know, let's say this kid's walking by like a school ground. he's afraid this kid is going to open up on that school ground and killing those children or other people on the street. he's going to hurry up, get out and get his weapon out and tell the guy to drop his weapon. okay? apparently what we've learned is that when he did that, the kid somehow turned around, the police officer then thought that his life was in darker and he fired eight shots, killing him. >> sounds like a plausible scenario to you. >> yes, it does. >> ten seconds sounds short to me but in that situation, how long is ten seconds? >> it goes like that. what's going through your mind, it's like your mind is like a computer. all different scenarios are going out in that short ten-second period. if you don't react quickly, you might be dead, your partner might be dead or somebody else on the street might be dead.

>> the reality is something you know very well. it's not theoretical for you. >> sure, exactly. >> you were in a situation that was a known criminal. >> right. >> but for two things you might have wound up pulling the trigger the same way. what was different. >> he was a 16-year-old boy running down the street with a .357 magnum in his hand. i spotted it, i i pulled my weapon, pulled my hammer back. he turned around and looked at me. as he started to bring the gun towards me, i saw his left hand grab the barrel which stopped me from firing on him and told me it's fake. i ran over to the kid. all right. put him in handcuffs. he dropped the weapon. i opened the gun. there was no shells in it. i'm an expert on handguns. no shells. i go back to the station house, looking at the weapon, i go, my god, it's a counterfeit gun. i thought it was real in the street. >> in the moment of crisis you don't make calculations the same

way. >> you can't do that. you don't have the time to think. >> if not for him grabbing it, saying it's fake -- >> he would have been dead. >> would have been a different way. the officer involved here within you said he has a lot of training, experience, he's been on the job a long time, never used his weapon in the line of duty. which gives a window into his disposition. he wrote an article back in 2008 where he was training about how to deal with an ambush. one of the things he talks about, you think you're safe behind a car door. he was behind a car door when he shot this kid. he says you're not. he shows one riddled with bullets. is that a reasonable perspective for an officer? >> it's providing cover, okay? it's providing cover where somebody can't get a good shot at you. that's all it's going to do. a weapon like this is going to go through the door and through my vest into my chest. remember several years ago where the police -- those bank robbers with automatic weapons, several cops were shooting at them and they caused a lot of problems out there. a machine gun like this you can

kill dozens of people within seconds. >> the important point is, we hear about shootings all the time that seem like they didn't have to happen. the concern is the training was there and we're training sensitivities. as far as you know, depends on the department. that's an awareness the departments have as well. >> i tell you what, the reason for you to shoot is your own. all right? it's in your head. all right? i might not shoot the same exact instance another officer might not shoot at. it all depends on what i feel comfortable doing. how i perceive the threat. the only person that can perceive that threat is the officer who faces that situation. >> all right. listen, thank you very much, detective. >> thanks for having me. >> what do you think? i know it's trofcontroversial a know it hurts. keep the conversation going, use the #newday. all right, chris, thank you so much. coming up next on "new day," allegations of racial profiling against two famous new york city

retailers. it's bringing rapper jay z into the fray. the state's attorney general is investigating. we'll have the details. plus, he caught a massive wave off the coast of portugal, believed to be around 100 feet tall. just look at it. it may be a record. we'll be talking to the surfer who did it. (dad) just feather it out. that's right. (son) ok. feather it out. (dad) all right. that's ok. (dad) put it in second, put it in second. (dad) slow it down. put the clutch in, break it, break it. (dad) just like i showed you. dad, you didn't show me, you showed him. dad, he's gonna wreck the car! (dad) he's not gonna wreck the car. (dad) no fighting in the road, please. (dad) put your blinker on. (son) you didn't even give me a chance! (dad) ok. (mom vo) we got the new subaru because nothing could break our old one. (dad) ok. (son) what the heck? let go of my seat! (mom vo) i hope the same goes for my husband. (dad) you guys are doing a great job. seriously.

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welcome back to "new day." let's give you a look at some of the stories making news. it has happened again. another outage stopping anyone from submitting new applications on the obama care website.

system maintenance is blamed and the site is expected to be back online when that is done. health and human services secretary kathleen sebelius meanwhile testifying on capitol hill in about an hour and a half. we'll bring you those comments live. she is expected to say that private contractors who built healthcare.gov are at fault for the site's many, many problems. nsa spying a hot topic on capitol hill. the head of the agency defending their electronic surveillance telling lawmakers they're focused on keeping americans safe at home. general keith alexander denied reports th reports. cirque du soleil and mgm grand in las vegas facing fines and being cited for not protecting performer's safety. this decision comes four months after an aerialist fell to her death at the end of a show. investigators say her wire come off its pulley because she rose

too fast during a climactic battle scene. the mgm grand and circumstanque soleil plan to appeal those citations. a dust storm in arizona turning fatal. 19 vehicles involved killing three and injuring dozens more. ten trucks were involved in the pileup on interstate 10 near phoenix. many cars were severely damaged and some were wedged under the trucks. the ever elusive banksy struck again. he added his personal stamp to a thrift store painting. i hope we have the photo. it is a picture he painted of a nazi sitting overlooking a lake painted on an existing painting. banksy returned that painting to the housing works store in new york city. housing works has put the painting up for auction and proceeds apparent i will help

raise money for people living with hiv and aids. i wish we had a picture to show you. it's interesting. an existing painting, pain.ed over top and off they go. >> people are falling in love with banksy. >> they really are. they have for a while. let's talk about something that's a bit of controversy. it is being called shop and frisk. controversy involving two of new york's best known retailers where some shoppers are alleging they have been profiled because of their race. now new york's attorney general is looking into their claims and the owner of one of the stores is actually scheduling a sitdown meeting with civil rights activists. bringing in nischelle turner for more on this. start from the very beginning. >> this meeting happened yesterday between -- with civil rights leaders and the ceo of macy's to see what they can do -- barneys, i'm sorry. this happened, started a week ago when we got the first complaint that became public. this was 19-year-old christian

who said he went into barney's, bought a $349 belt and was detained when -- by security when they thought that he had used a fraudulent credit card. then we started hearing other cases come about. four claims in all, two from macy's, two from barneys. another when a woman went in and bought a handbag for $2,500. we have the one at macy's with the actor rob brown who went in and bought a $1,300 movado watch for his mother. the fourth one was a man named art brown who filed a complaint who said he was surrounded by police and deon madded to see identification after buying $330 worth of shirts in macy's. that's where we are with the complaints so far. >> in terms of this, what has been the reaction from the retailers themselves? are they reacting? often times they hire outside security forces or contractors

to do the security for them. >> that's a good question. this is where the blame game is starting to come in in this situation. because both of the stores are saying, macy's is saying our employees weren't involved. barney's is saying our employees weren't involved. it was a police procedure. the police are saying, no, no, no, we were alerted by store security. that's why we got involved. there's a little bid of he said, she said. >> that's why i asked the detective to stay. he understands this, he worked in private security. it sounds like there may be more to this type of story. the store saying it's not us, it's just the cops. is that how it works. >> usually the store security will catch a shoplifter or have i asuspect in custody already and then call the police and patrol will respond and make an arrest based on the security in that store. that's usually how it occurs.

i have never seen police officers working security inside a store looking for shoplifters unless it's an off-duty job. >> is this semantics when they're saying our employees weren't involved, maybe the security was involved. >> usually the security works for the store. usually internal security in their store. they're trained on how to look for shoplifters and how to look for people with stolen credit cards. i can't see if these guys had legitimate credit cards, okay, legitimate identification how they go on to be arrested. >> go ahead, kate. >> from your perspective without knowing the specifics of this case, do you think it's appropriate that the state attorney wants to look into this now? >> sure. definitely. why not? i don't see the police officers going into stores and making arrests like this. >> it's totally out of character. >> the store has to be -- there has to be a complaint in the storm. >> some of it was under cover. that leads to the question would cops be doing undercover work the store doesn't know about?

probably no. >> no. >> did they check his u.d.? he may have had i.d. and they may not have asked for it. that goes to procedure of the moment. you have the optics of how do i see you and do i follow procedure. >> if i'm responding as a police officer, i did many times on patrol. you respond to the store. listen, this credit card comes back to this guy, he has the identification. where's the problem here? i'm not going to make an arrest. if the credit card company said maybe to the store this is a stolen card on the phone when they're checking it out, that's a different story. still we have the same name here. now maybe this guy might have fake identification which happens a lot. >> kate mentioned the state attorney general's office getting involved. what they've done is gone to both of the stores saying we want to see your information and policies on how you detain and question people that you deem to be suspicious. we want this by friday. that's where they start. >> that's the key. no reason to dance around it. are you targeting them because

they're black? how do you get around that analysis on the enforcement side. >> like i said, you have to have reasonable suspicion to stop somebody. you have to have probable cause. how do they know those credit cards were bad? because a transaction was made for $1,200 and they were black? that's not enough. >> can we talk about that? i was thinking about this all this morning, all last night knowing we were going to talk about this. this has sparked a lot of conversation about shopping while black. >> sure. >> my feeling is we have seen incidents where people say they were detained. we heard other people talk about i'm followed in stores all the time. i've had incidents myself where ien have the been helped, an associate going rack to rack with me. even if you feel that way, how do you prove that they do this because of your race? how do you prove that? >> you wind up being somebody who has a valid credit card who's making a valid purchase who's never asked for i.d. and that winds up being a demonstration of culture, not

just a mistake. >> that's what these people are alleging, they are alleging that that is the case, they have valid i.d.s, have valid credit cards and making valid purchases. >> how do you prove something you feel? >> there are things we don't know about yet. more will come out. >> thank you for sticking around with us and being nimble and answering our questions. ing up next on "new day," what is up with this mystery barge in san francisco bay? we would google it but they're keeping the project under wras. more ahead.

welcome back to "new day," hope your morning is going okay. let's get over to indra petersons for a check of the weather right now.

eye on the storm. >> a couple storms. we have a little guy and i'll show you the big one that's pretty hard to miss. the tail enof that little wave kicking through new england today. maybe some light showers in that region. but then there's the bigger system, the one that's been bringing heavy snow through montana and wyoming the last several days, even through colorado. this system is going to make its way east today. that is key. it's going to move out of the area where we have cold and dry air. and clash with where we have warm and moist air. we have a severe weather threat out there. the focus will be from kansas city to central portions of texas. look for heavy winds and rain and a threat for even a tornado. from the ohio valley through houston, we'll be look for the same parameters, strong winds, heavy thunderstorms and isolated tornadoes can be in the forecast for halloween. as far as how much rain, dallas and houston, 10 to 3 inches. it will be a wet halloween from

ohio valley down through texas. chris and kate. >> make smart adjustments to the costumes now. now to a mystery, this barge, we'll show it to you, has been in the san francisco bay for days. it seems google may be behind it but no one is saying a word about what might be on board or why. and another barge popping up along the coast near portland, mann main. what are they doing there? what's going on? let's bring in the host of "tech bytes," brett larson. what are the theories behind it. >> they're building robots. no. >> exactly. >> it cowl be a number of things, actually. it's odd when you dive into it. they're building a retail facility for the google glass where they'll park it somewhere in san francisco and you can go in and take a look at the cool things that google -- how they can augment your reality with google glass or they're building data centers. and i'm -- i know. >> data center is much less

cool. >> i have the chris cuomo face right now. >> it kind of hurts, doesn't it? >> that's hard for you. >> what a downgrade. >> can i just say -- really? no. it might -- my curiosity is why would these barges spark curiosity to begin with? it feels like a plan to me. i feel like somebody might have created buzz here. >> what's funny about it is -- >> it's a barge. >> google is not saying anything. they're clearly involved. the coast guard admitted. it is definitely google. when you reach out to google, they're like, i don't know. >> is it working? here we are talking about it on national tv. >> creating buzz. >> some of the interesting things it could be doing, if they are in fact building data centers, what's interesting is where are they going to end up? will they push them into international waters or build the data centers db they' s --

containers. >> what is it about being on a barge in the san francisco bay that they couldn't do on land? you can have the same secrecy. >> transportable. >> right. >> that's completely portable. you can float it down to san jose if you needed to. >> any idea when we'll find out about this. >> probably in a couple of weeks they'll pull the ribbon off. >> does it have its own twitter hash tag? >> it should. >> the conversation continues. we're blaming you more and more. >> what's going on? >> tell us what it is. >> i'm like why can't you solve this? >> i feel like i'm in the movie "big." i'll spit out a ticket and say something big is in the barge. if it's google glass, it's interesting. there's another one in maine which leads the speculation to data center. data centers are a big deal. they sound like inside the beltway tape on the glasses.

>> nerd alert. >> i'm hoping it's a data center because that's cool. >> me, too. >> especially if it's portable. >> if it was retail -- retail space, i don't know, what is google going to sell you. >> something transportable, that's my guess. >> maybe they're going to air drop it. that's cool, right? >> mr. larson dropped a reference which i'll ask you as we go into the break, see who has the answer first. tweet me about it. what was the name of the wizard game that spit out the ticket. >> can i give a hint? >> starts with a "z." >> we had this conversation. that's how weird our lives are. coming up on "new day," all in a day, save a friend's life, survey monster wave. we talk to carlos burlee. and also ahead, a bus driver's compassion may have saved a life and it was all caught on camera. it's a really touching story that you don't want to miss. ♪ norfolk southern what's your function? ♪

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welcome back to n"new day". we first showed you this yesterday. our must see moment. this is a must see for any day. carlos burle may have smashed the big wave record riding one off the coast of portugal, estimated to be around 100 feet

tall. think about how tall that actually is. and he pulled this off just after saving a fellow surfer. you can see that right here. burle racing to her aid, making sure she was okay beforegetting back into the water. and carlos is joining us via skype to talk about it. so great to meet you. thanks so much. everyone is wondering, what is it like to be out there on a wave? did you know it was as big as it was when you were in the middle of it? >> well, i knew because the day was so special, so right to get a swell like that. and from the beginning of the day, i knew that we were going to face the biggest waves of our lives. that's why i think everybody was so excited. unfortunately, everything that

went through it can me otook me game, me and her for a while. was really hard for me. felt different than it is right now. i'm just very happy to have her with us so we can talk stories and celebrate. but it's a tough situation. you don't want to see a friend die right in front of your eyes. >> and we can understand that you understand, too, the danger in what you you guys do. it's a rush and it's a joy for you to do, but it's also really dangerous as evidenced by what happened to your fellow surfer, mia. you can te you can tell us what happened? did the wave get the best of her? what happened? >> well, she justyou can tell u? did the wave get the best of her? what happened? >> well, she justcan you tell u? did the wave get the best of her? what happened? >> well, she just has been training for so long. hard to be ready to surf this wave. i'm her partner and i think we

had a good chance with the biggest wave of her life. when you surf big waves, you have to take risk. and she was able to do most of the wave, but at the end, she fell. and she took the whole sag on her line. and i lost eye contact with her for a while, i would say four or five minutes. and i was feeling really bad because so much white water going around and my ski was like nothing between that massive waves. suddenly i found her on shore like close to the rocks. and i started to go closer and i get the rescue board about that she was alive, but she wasn't reacting. and then i scream to her and said come on, grab the rope.

save rope to be towing the surfer into the waves. and she did it that with her last energy and i dragged her closer to the beach. and after that, you know what happened. >> right, we saw the video of actually taking her to safety and giving her the cpr, making sure she was okay. and then the story takes an even more amazing turn. you go back into the water, you face what could be the biggest wave with all the white water rushing behind you. did you in your mind say, wow, this could be a record, not just the bigs wagest wave of my lifet the biggest ride we've seen? >> well, i knew that because of the situation. waves were huge and a lot of water moving around. and when i was going for the wave, he saw the swell.

and i was scared for my life, too, but i think i got -- it was the last week of the day. everybody was complaining about the bumps and the wind was stronger by that time. but i knew i had a window in between the wind, you know, the change of the tide and the wind directional change. so when i weapnt for the wave, was a little bit glasser. i think that's why i managed to do it because i was going so fast, i was just holding myself because i knew if i fell, it would be hard to survive. >> the good thing is you made it and by doing it, you not only broke a record likely, but you also brought us some amazing video at the same time. congratulations. it was really great to see it. great to meet you. thank you so much. coming up next on "new day," in just an hour or so, health and human services secretary

kathleen sebelius will be entering the lion's den oig, testifying on the failures of the obama care website. we'll bring to you you live. training guys who leak a little, to guard their manhood with new depend shields and guards. the discreet protection that's just for guys. now, it's your turn. get my training tips at guardyourmanhood.com i get out a lot... except when it's too cold. like the last three weekends. asthma doesn't affect my job... you missed the meeting again last week! it doesn't affect my family. your coughing woke me up again. i wish you'd take me to the park. i don't use my rescue inhaler a lot... depends on what you mean by a lot. coping with asthma isn't controlling it. test your level of control at asthma.com,

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i'm saying it's working, it's just not working at the speed that we want. >> kathleen sebelius just an hour away from a capitol hill grilling. cnn gets new information of just how early the administration was warned about the website's problems. >> the eastern half of the nation bracing for a brutal couple of days. tornadoes today as heavy rain and winds and flash flooding

march east. what she saw. youngest taught of martin macneill talking about what happened that fateful night. she was just seven years old at the time. >> your "new day" continues right now. good more than and welcome back to "new day". it is wednesday, october 30th, 8:00 in the east. top intelligence officials in the hot seat acknowledging the u.s. spies on other countries, including its own allies. now some of those allies want some serious answers. european union official its heading to the white house today. we'll talk about all of it. >> and an 8-year-old denver girl screams may have saved her life. the search is on for the map accused of trying to take her from her own home. we'll bring you up-to-date. and an amazing story, you have to see it, a bus driver really going above and beyond

the call of duty and saves a life. we'll show you you what he did. it was all caught on camera. first, expect fireworks when a house committee hears from kathleen sebelius. she'll be there to testify about the obama care website rollout. a lot of politicians looking to blame this situation as a problem with the law and they will have more ammunition as cnn has new information about warning signs the obama administration either missed or failed to act on well before the website launched. cnn's brianna keilar is live at the white house with more. >> reporter: good morning p. cnn has obtained a confidential report from early september, there are eye popping details in it that are predictive of the problems that have befallen obama care, though an agency spokesperson said it was not a dire warning but more of a list of things to do. almost a full month before healthcare.gov went live, cgi,

the main contractor working on the site, highlighted glaring problems. a confidential report obtained by cnn raised red flags like we don't have access to monitoring tools. not enough time and n. schedule to conducted a yacht performance testing. plainly stated warnings and net they weren't passed on to president obama until after the site launched. >> it became clear early on. >> reporter: when kathleen sebelius testifies before congress today, she will point a finger at some of the private contractors her agency hired. a subset of those contracts for healthcare.gov have not met expectations, she says in her prepared remarks. which she will deliver after yet another outage hit the site overnight. last week those very contractors

pointed the finger at hhs. >> we have no role in the development of the website. >> reporter: tuesday, the head of the centers for medicare and medicaid services in charge of implementing obama care told americans who have struggled with the website that she's sorry. >> i want to apologize to you you that the website has not worked as well as it should. >> reporter: republicans grilled marilyn tavenner about americans on the individual insurance market who have seen their current coverage canceled or modified. more than a million so far by cnn's estimate. >> you have no idea? >> reporter: as they pressed her for the number of americans who have been able to enroll in obama care, she kept to script. >> we will have the numbers mid november. mid november. mid november. >> reporter: now, when you look at catavenner's prepared marks, they're almost a word for word match from what we're expecting from kathleen sebelius. and there is always a chance for

her to go off script especially during the q&a. what we do not know if sebelius will like we saw tavenner do apologize. >> i think it will be just as much about the questions or really the commentary she'll face today. appreciate the report. of course we'll bring you the testimony of kathleen sebelius live right here on cnn starting in about an hour. so wait for that. kate, over to you. also on capitol hill, a vigorous defense of u.s. spying efforts. general keith alexander saying spying is essential to proegt g protecting the u.s. and its al li allies and denying they collect records of millions. fareed zakari is here to talk more about this. we talked about it earlier this week, but after the amazing hearing, we have to follow up. they were very unapologetic in their answers. defending the nsa spying programs. is that enough, though, to satisfy european allies do you think? >> they have two problems on their hands. the one is the european public.

and the other are european leaders. so much of what they defended was the kind of metadata or using leads to follow up and figure out if there are terrorists. what you're doing is looking at patterns, seeing a bufnch of phone calls from saudi arabia to hamburg, germany. people understand that the european public is very disquieted by the idea that they're being spied by the american spy agency. that's one piece of it. the other piece which they didn't defend was the spying on angela merkels, the eavesdropping on phone conversations. that's always gone on to a certain september befoextent. the key difference is americans do it so much better than any of us that we're all somewhat skrel us. >> that's an excellent perspective and very interesting. and at least the question that i had that that seems to be has

a angered people most. but they say they don't thinks president is aware of particular target, does that inokay could you late the president from this criticism? >> it inoculates him in a specific sense maybe with the german slachancellor, but there a broader problem. two things have happened in the last ten years. we have tech lobnologically mov leaps and bounds. we can analyze millions of phone calls, just the outside of the envelope, not the inside, but millions of phone calls within a few minutes. the second piece is 9/11. this broke the constraints that we have felt. it made us get scared, it made us get nervous and it made us say we'll do nilg. i don't think that's the right perspective. we can't say we will do anything. there have to be some rules of

the road. >> balance is what people are looking for. jim sciutto said earlier that the revelations could have real consequences where our allies. what do you think those real consequences could be? >> two kinds of things. ever since leaks, you have to wonder are american allies going to ever be truthful and confidential with us with the fear that this stuff is all going to get leaked. are they going to be forthcoming with the lack of trust that has been created. i think that's a real problem. i think that in the long run, if we set some new rules of the road, we'll be fine because everybody spies. everybody understands it. and i do think some of this is less about ethics and more about power. we just have so much -- we spend more on intel against by some estimates than the rest of the world put together. so we're in a different league. and we have to recognize because of that, it a rouses great suspicion and fear and makes people say who will check you,

we can't check you, the normal checks and balances don't apply here. you have to check yourself. >> it makes me wonder if there will be new rules the road. keith alexander said it's much more important for this cup to defend itself and take the beating that they're taking right now than for us to give up on a program that helps prevent a future attack. that's the same mentality that came out of 9/11. >> and i think it's the wrong one. it's more important to continue to exist as a constitutional democracy that protects itself. of course it's important that we protect ourselves, but most americans would be surprised by the lack of congressional oversight. dianne feinstein and the president don't seem to know enough. >> it depends on who you talk to. in congress they say we have oversight, we're doing a great job overseeing the programs.

nsa would say so as well. but maybe not from the outside. fare fareed, thank you so much. much more on this ahead. from a political storm to a real storm that can cause real problems for half the country especially for halloween that's coming up, so let's go over to indra peterson. >> i want to show you a reminder of what happened yesterday between tucson and phoenix. we saw strong winds pick up, so a lot of dust. if you're caught in a dust storm, you want to pull off the road and turn off -- turn on your lights. people look for them to see how to get off the road. in missouri, winds will be as high as 40 miles per hour. and take a look at we shift the system east. this will be producing gusts even as high as 50 miles per

hour. something you want to think about if you have travel plans, strong winds often does mean delays at the airport. so we'll be watching that as the system pushes across the country, strong winds of course and heavy rain out there. and even the potential for severe weather. as the system exits from cold air and moves in to warm and moist air. so with that combination of those two air masses, we have the severe weather threat today extending there kansas city all the way down to central portions of texas. as the same system makes its way east tomorrow for halloween, now we're talking about pretty much the ohio valley down through houston. so heavy rain, 3 to 5 inches between houston and dallas. quad cities, 1 to 2 inches. we already talked about the strong winds. even the threat for isolated tornadoes can be in the broadcast. definitely a lot that we'll be watching over the next 48 hours. >>. >> good enough to have to change plans. >> i used to have to do that

every year. elaborate wings and then a garbage bag. should we take a look at our headlines some lawmakers chosen to negotiate a way out of another budget stalemate and government shutdown meet officially for the first i'm later take. the bipartisan budget committee has a tdeadline of december 13t. the bipartisan budget committee has a deadline of december 13th. funding dries up in january and the debt ceiling must be lifted again in february. a plane crashes at a major airport and no one notices? a small single begengine plane t down killing the pilot and the wreckage sat there for six hours. the ntsb is investigating. ray kelly's planned lecture at brown university definitely did not go as planned.

>> racism is not for debate. >> protesters ent s interrupted speech. they say the stop and frisk law discriminates. kelly left after about 20 minutes. p. syria has fired a key official who had been working with the west to try to end the civil war. state television says the deputy prime minister was dismissed because he spent too much time outside the nation and have been holding meetings without coordinating first with the assad regime. oprah fans, here is your chance. today is the start of a free preview for the items she will be selling at what she's calling the biggest yard sale ever. stuff for about every budget at the event happening today in santa barbara. 300 items or so will be sold. proceeds will go to oprah's

leadership cad aacademy for gir south africa. >> look at that tent. >> and that was one of many. i had to do that. >> it was good. >> my oprah. >> it's not even spring. >> it's interesting to do a fall yard sale. >> got to get rid of the stuff when you got to get rid of the stuff. coming up next, a brave 8-year-old girl refusing to be taken from her home quietly. how she scared her kidnapper off but where is he now. and recent stories have made us question what bus drivers do to help in bad situations. we get a life saving answer coming up. as a business owner, i'm constantly putting out fires. so i deserve a small business credit card

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welcome back. this morning police are on the hunt for a man they think is a predator, a man they say broke into an 8-year-old girl's bedroom in colorado and tried to t drag her to his car. but she fought back. >> reporter: terrifying moments for an 8-year-old girl in aurora, colorado. >> looks like an unknown party came in through the bedroom window. >> a light was on. it might have been possible for the predator to look and see inside that there was a child. which in some ways makes it even more chilling. >> reporter: the man ripped the screen off her window, grabbed her as she lay in bed, pulled her through the open window, forced her toward a dark alley toward his car. >> this young girl immediately cried out, immediately put up a fuss and struggle, and who knows if it that might have saved her life. >> reporter: her cries, the

struggle, enough, alerting her father and mother, escaping her captor and into her mother's arms. her father ran after the suspect, only catching a glimpse of what appeared to be a new silver bmw driving away. now an entire city on alert. >> part of the reason for this press conference is to alert the entire denver metro area that this predator is on the loose. >> reporter: the girl was able to help investigators draw up this sketch, a white man, blond hair, black coat, smelling of cigarettes. reward for information leading to his capture now doubled to $20,000. miguel marquez, cnn, los angeles. it is time for the good stuff. and today's edition, in-entispi act of kindness has many calling a bus driver a hero. pamela brown has the story. >> just a tremendous it is play of human compassion. a bus driver turned guardian angel. he was driving a bus full of high school students on a recent

friday afternoon when he noticed a woman who looked like she was about to jump off a bridge. he boldly stepped into help and the dra make dramatic scene was all captured on camera. the woman standing outside a railing on a narrow ledge. watch as bystanders oblivious pass right by her. >> it didn't seem real because of what was going on around. traffic was going as normal. pedestrian going by as normal. >> reporter: thankfully she caught the eye of darnell barton. he pulled his bus full of passengers over and attempted to communicate with the woman. >> ma'am, are you okay? >> reporter: when she didn't respond, he walked over and put his arm around her and gently coaxing the woman off the bridge. >> she was distraught, really it is connected. i grabbed her arm and said do you want to come on this side of the guardrail? >> reporter: kneeling on the sidewalk with the woman, he gave her words of comfort until

others arrived to help. >> i wanted to convey that whatever it was, i'm going to help you through whatever it is. and it's not as serious as jumping on to the 198. >> reporter: a well deserved round of applause erupted. barton says he believes he have driving by at that moment for a reason. >> i felt like i it what i'm supposed to do at the time. i'm a football guy. when you sit on the bench and the coach calls your number, you got to go make a play and do what the play calls for. and i think that's what i did. >> got to love that football analogy. after giving police a statement, bar top tipped to work for the rest of the day.ed modest he didn't even tell his bosses at first. meantime as for the woman, barton says she was taken off in an ambulance that day and that's the last time he saw her. >> you can be sure she will never forget what he did for her. >> he saved her life.

>> darnell barton, that is the name, we love you. thank you for doing what you did. all the bad things we see, there are darnell bartons in the world. >> absolutely. great story. coming up next on "new day," sensational system from the former mistress of the utah doctor accused of poisoning and killing his wife. what she says she sent him the day after his wife died. that ahead.

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welcome back to "new day". it is wednesday, october 30th. it has been 30 days sense the obama care website launched and the rollout, early results are less than positive to say the least. today kathleen sebelius will address all the issues. we are looking live at the hearing room where she will be testifying before the house energy and commerce committee at 9:00 this morning. we'll bring in wolf blitzer, he'll join us in a few minutes with more on what to expect. right now, though, let's give you the five things that you need to know for your new day. head of the nsa calling news reports completely false and denying reports the u.s. collected telephone and e-mail records directly from you're pea an citizens. a raid to catch the us sp t suspect after the capture of the 1998 attack, it was feared a

second raid in libya could destabilize the country's already fragile government. a fatal plane crash went up noticed for six hours in nashville. a taxiing plane finally discovered the wreckage which killed the pilot. chris brown in a rehab facility just a day after he appeared in a washington, d.c. courtroom over an assault charge. a statement saying brown wants to, quote, gain insight into his past behavior. and at number five, big papi and the boston red sox could win it all tonight. world series returns to fenway park for game six with the sox up three games to two on the cardinals. we're updating those five things to know at cnn.com. a startling day in court in the murder trial of martin macneill, the former utah doctor accused of poisening and killing

his wife. his mistress was back on the stand. here is cnn's ted rowlands. >> reporter: dr. martin macneill can expect another difficult day in court with three more of his daughters set to testify, including his daughter, alexis, the first of the children to suspect he murdered their mother michele. >> ladies and gentlemen, what you're about to see is a videotaped interview of ada macneill. >> reporter: on tuesday, sniffles were period throughout the courtroom as prosecutors played the emotional interview of the 7-year-old daughter ata struggling to talk about the death of her mother. >> she had kind of straight blopd hair. blond hair and she was very pretty. >> in the video, little ada, a blond girl in braids, fidgeted with toys recounting she was the one she found her mother.

>> she was just laying down. >> was she all the way in the bathtub or just part way in the bathtub? >> all the way. >> reporter: ada's testimony conflicted with macneill's version of the position of his wife's body. it also showed what prosecutors was the pain macneill inflicted on his young daughter by intentionally having her find her mother's body as part of his murder scheme. macneill's lover was also on the stand tuesday admitting at one point she was actually sexting macneill the day after his wife died. >> i took pictures of myself whenever i thought i looked okay. there is one picture where it's a little suggestive. >> showing your buttocks? >> yeah. >> reporter: prosecutors also entered into evidence a military i.d. card application form gypsy willis testified macneill filled out that claimed they were married. on the form, the couple supposed wedding date was the same day as

michele macneill's funeral. ted rowlands, cnn, provo. >> let's bring in our tried and true panel. gentlemen, thank so is both of you. vinnie, i'll be keeping a my goodness count on you today because there are so many things for you to exclaim that about. so let me start with you. the main piece of evidence, okay, is the taped interview of the young girl about what she saw that contradicts one of his main statements about you how he found the body of his wife. what do you think the value was of that to prosecutors? >> it's crucial. huge. the way dr. macneill described the position of his wife's body in the bathtub was more consistent with an accident, face forward sort of leaning over the bathtub. but ada described her as lying all the way in the tub, the way

you would normally sit in a bathtub, fully clothed. dr. macneill does not have her ful fully clothed help so that is crucial because her description consistent with neighbors, inconsistent with her father. why would he lie about it? he wanted to make it look like an accident. >> is lie the right word to as describe, does it really hurt the doctor? >> put me down for a my goodness. and i'll tell you why. child testimony is always suspect when you have in this case a child that has been interviewed many times. we call it a taint in the criminal defense business. because what's happened is she's been interviewed so many times, that testimony is questionable. now, at this point the judge has ruled on that issue, but it's something that always comes up. whenever you have the testimony of a child for better or for worse, children perceive and tell stories differently than do

adults. neurological studies show that. so there is always a bit of a problem with a child witness. but does it tend to dispute what the doctor says? sure. the doctor is getting in too such a level of lies that that may spill over the character evidence into the prosecution's case in chief.a level of lies t spill over the character evidence into the prosecution's case in chief. >> vinnie, why are you shaking your head? >> i'm shaking my head because her testimony is consistent with everyone else. the only person whose testimony about the position of the body sin consistent is dr. macneill, motive and reason to lie. that's why i find her testimony much more trustworthy than anything he said about the position of michele macneill. >> now the my goodness section of the interview. vinnie, what we heard from gypsy willis. talk about a metaphor for the point that he may be the worst

man in the world that's what prosecutors want us to believer. the marriage, alleged marriage, that they had dated to his wife's funeral date, sending the booty shot on the day that the wife died. horrible stuff to be sure. certainly for the jurors ears. but what does it do for the prosecution in terms of 4r7of es of a crime? >> it's about more than bad character. it's about more than bad taste. it's about what the case is all about. it's about what dr. macneill wanted to do. he wanted to replace his wife with gypsy and the only way he could do it without facing all the shame and the divorce and everything else that would put him in a bad light in his community was for his wife to die. gypsy is the reason and it was crystal clear, my goodness, danny, my goodness, chris, the bottom line is here we're seeing her bottom the day afterwards.

it's absurd. and the problem is it's not just character. it's the reason it's the motive. it's why everyone is in court. >> it's the double my goodness he brings to you, danny. and you counter with a my goodness of your own, comparing this to the peterson, the drew peterson case. how do you make that analogy? >> definitely. not just for the fact that both wives were found in a bathtub. the real compelling factor is the creepiness factor. and in this case, those cases like the drew peterson case, the original m.e. concluded something of the effect of not a crime as we have here. and you also have the fact that drew peterson as a police officer is also someone with a special skill that the prosecution is using to say, look, there is no evidence because this is a guy who knows how to hide evidence. going back to what vinnie said, vinnie says it's about more than character and motive. and then vinnie goes on to talk

about only character and motive. all that stuff that he talked about was character evidence. it's not admissible. but i will concede this, this doctor's character has gotten to such a creepiness level that i think the jury may allow that to spill into the prosecution's case in chief, which is proving that a death was caused by criminality. and i believe that this jury if it gets anymore suspicious on the doctor's behalf, he has some real problems. >> danny, vinnie, thank you so much for the inside as always. to be continued. coming up next on "new day," the president's point person on obama care just minutes away from getting in the capitol hill hot seat. a live picture of the hearing room and wolf blitzer will be bringing us with a preview of s sebelius' testimony. at. soon, the world's most intelligent servers, designed by hp, will give ups over twice the performance,

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welcom e back to "new day". we're just minutes away from secretary of health and human services kathleen sebelius beginning her testimony before congress on the botched obama care website launch. wolf blitzer will be anchoring special kufrpg coverage of the starting sharply at 9:00. wolf, this this will be one of those hearings that you probably don't want to miss a minute. but as she's about to go into this hearing, the last we heard is that at least portions much the obama care website are still down. this is not a good way for her to be starting off. in down for several hours. second time they have had to apologize that the whole system has crashed at least for the time being. hhs blaming verizon for this second takedown. but certainly embarrassing. she'll have to answer questions about this. but there are much bigger questions that she'll have to answer, as well. i suspect we're not going to get

the numbers even though they know the numbers how many people have actually signed up, how many people have gone to the website, how many people have actually especially rolled in various systems, how many of them are medicaid recipients, how many are actually paying in to the system. they have all that information, but they say they won't release it up at least mid november if not later. i'm not exactly sure why they're reluctant to release that kind of information. my open sense is they're better off just being transparent, telling the american public what's going on, what's good, what's not so good. and getting it out there. it will get out there. a lot of people know this kind of stuff and when you have bad news to report, it's better for you to report it than let your critics report it. >> isn't there an entirely second level of analysis going on for why this is happening in the first place? how much do you think kathleen sebelius is to be expected to be the fall guy for democrats, take pressure off the white house, and for the republicans to be kind of like something to beat on as an example of how the law

itself is terrible? >> she's the secretary of health and human service which is was in charge over the past 3 1/2 years of putting this whole new law together and making sure it works. so she's responsible. she hasn't just come in the last six months or last year or two. she's been there from day one. so she has an enormous amount of responsibility and officials at the white house, it they have a lot of responsibility, as well, including the president of the united states. i'm sure she's going to be asked how much can did the president know about the problems going in. yesterday joe johns did that report.about the problems going. yesterday joe johns did that report. in early september, they already knew of serious problems. they already were warned by these various contractors, you know what, the system might not be ready. but then the decision was made to release it and there have been all these major problems since then. i guess one of the questions they will ask her, wouldn't it have been smarter instead of having all this embarrassment, this humiliating release, just waiting a bit and making sure it's right before you go ahead

and make the american public so nervous about what is critically important. and there are so many important benefits from this health care law. people who have pre-existing condition, they finally will be able to get health insurance. there won't be any limits on how much the health insurance companies will pay if you do get sick. young people can stay on their parents' policies until the age 26. very important benbenefits, butl designed on the principal that young people would buy in, pay their monthly payments and that would subsidize all the others who need help. whether medicaid recipients or very, very sick people. and a lot of that is getting lost because of the disastrous rollout of this website. >> so you have the disastrous rollout of the website and he would argue maybe the bigger problem going forward for the obama administration is the fact that the president we heard over and over again would say if you like your health care coverage, you get to keep it. and we're learning that it is not so much. not when it comes to about 5% of

the population. how big of a problem is that for the president as he's heading to massachusetts to go on offense on this? >> it's only 5% that these individual health insurance policies. but that's 15 million people out there who have got these individual policies, they don't have them through their employer for example or through the government, medicare or medicaid our whatever. these are 15 million people. of that, anywhere from 5 million to 10 million, maybe as many as 12 million, won't be able to keep their policies because their policies weren't very good, they didn't meet the minimum standards of the affordable care act. didn't provide maternity benefits for example or mental health benefits. they had very severe caps on how much they would layout. so they didn't meet the requirements of obama care, so now these people anywhere from 5 million, 7 million, maybe 12 million are being told you got to get a new policy. that new policy might be better, but it might also cost more. on the other happened if you

qualify for a subsidy, it might wiped up costing less. deductible may be higher. there are a lot of changes. but clearly what the president said, if you like your health insurance policy, you can keep it, wasn't precise. if you like your doctor, you can keep him or her, that wasn't precise because a lot of the new policies, these people are forced to get on because of obama care, will not have the same network of thephysicians included. >> clearly one of the questions for kathleen sebelius today. >> wolf blitzer, thank you very much. always good to have the team captain on the show. we'll head back to you for the testimony as soon as we here it's coming. we're just minutes away from ca sebelius testifying. we'll take you to capitol hill as soon as we can. we'll be right back with more about what this could mean for the obama administration. and kathleen sebelius. stay with us. it's not the "limit the cash i earn every month" card. it's not the "i only earn decent rewards

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thank you to you all. >> great to see all of you. brianna, i want to start with you. what does the white house as well as kathleen sebelius, what does she need do, what do they need on get oto get out of this hearing? you know it will be a slugfest. >> and i think you saw a preview yesterday when we saw marilyn tavenner testifying. what she expressed was that the website isn't up to snuff. but i think you're also going to see between some of the inter play between democrats and republicans, democrats perhaps coming to the aid of secretary sebelius and pointing to republicans as having a political stake in this game as having voted many times to repeal obama care and obviously the government shutdown which stemmed initially on obama care and trying to defund it. so i think you'll be seeing democrats making some of their

points that p are s thas that r political stake in this. >> i will call and raise to gloria borger. you could say there are two political agendas at play. republicans the obvious one. but democrats, don't democrats need someone to blame to take heat off the white house? >> they do. yeah, i think they do. and i think they will be just as likely to try and ask some tough questions of kathleen sebelius. look, there are two things here that she's got to do. she has to have some accountability here. and say, first of all, this is how this occurred and we're sorry it occurred. but i'm accountable for this and i'll tell you why it happened. and then also she's got to have some credibility here because as you guys were talking about with wolf just earlier, this whole keep your plan idea. you can keep your plan as the president said over and over again. republicans are clearly going to ask questions about that. and she has to explain in-depth

exactly what the president meant and why he was credible when he said those words. and those are two tough bars for her to get over here. and i don't think it will be easy because while democrats will defend the plan, they have to be accountable to their own constituents as to why the roll outwas so bad and why some of them will be you beunhappy that fact some can't keep their plan. >> elizabeth, it's no easy task and a task made even more difficult now as kathleen sebelius is about to walk into the hearing. portions of the obama care website are still down at this moment. >> right. i tried it morning and last might actually, it was completely down. i tried to log in as i've been logging in for days and days now and i got an error message that said the system is down at the moment. immediately i got this exact message last night and just about 15 minutesing ago.

it will be tough to her to test p testify when this is going on. >> brianna, how much of the commit commiter chatter is turning to whether or not sebelius survives after this hearing? >> at this point, all indications are that she will. and just very quickly, the issue and maybe this may give her certainly a little bit of security is that if she were to leave, somebody else would need to be confirmed. and that as you can imagine would be a big problem, right thargs could be a big issue for president obama. so there is certainly a positive in even keeping her in her position at this point for the administration. >> the irony that the republicans will be stuck with her because they won't approve any new appointments. >> wrap your mind around that one. welcome to washington. it will be interesting to see if she feels the need to apologize as the cms official did yesterday. we will see, you will all be here to watch it.

and we have smart people to analyze it. great to see you all. that will be it for us today. but stay tuned as we keep saying, we're gentlemjust minut from the hearing. wolf blitzer's live coverage begins after the break.

good morning from washington, i'm wolf blitzer sitting in for carol costello. just ahead, we're watching live coverage, the house of representatives kathleen sebelius facing lawmakers this hour for the first it titime si the botched launch of the obama wear website. she'll answer questions that

millions of americans want answered. p they're frustrated by a website that is still crashing four weeks after its launch. just last night, guess what, it was down again and even as we speak, at this moment, it is still down. in fact lori siegel is trying to log in right now. we'll check in with her in just a momentmoment. the latest crash is fresh meat. aside from obvious problems, there are other huge questions facing sebelius, questions she will have to answer this morning, including when did she find out about the problems with the website. why was n't more testing done. how much will the fixes cost. and what will she say to the millions of americans whose policies are being canceled right now. for now, expect more of the blame game to continue at least according to her prepared opening remarks. she defends the government agency responsible for the site saying cms has a track record of

successfully overseeing the many contractors our programs depend on to function. unfortunate unfortunately, a subset of those contracts as they are called for healthcare.gov have not met expectations. to put it mildly. and it promises to be a dramatic and combative morning up on capitol hill here in washington. we're covering all angles of this hugely historic and important story where a full team of correspondents and an lis. they are all standing by. timing couldn't be anymore inconvenient for the obama administration. just hours before kathleen sebelius headed to capitol hill over the healthcare.gov debacle, the website again went down and crashed. users trying to register for the first time were shown this message. how humiliating and embarrassing the message that the site is down with technical issues. lori siegel is joining us now. i take it you're trying to log

in right now. how is that going? >> i have to report to you that as of two seconds ago as i'm logging in, i have that seam error message that unfortunately we've all come to know very well that says the system is down at the moment, it tells you you can call in for a better option. and we just have seen the error message so many times. in this case it's due to a data hub outage, this is the same problem we saw on sunday. they said it would be complete overnight. unfortunately, it's not complete. unfortunately for secretary sebelius when she walks into the hearing, the site just isn't working and it's bone many tech issues would he have seen. one they think after the next. if you look last week the contractors were saying the data hub was working very well and now we can't log on because of the data outage. >> that's where sebelius will be seated. she will be answering questions

from members of the house energy and commerce committee, the committee clearly wants answers. there you see some of the committee members coming in right now. we're told that the committee chairman fred upton of michigan will have an opening statement. henry waxman will have an opening statement. very, very brief opening statements. only about three hints. marsha black did the mman will statement and then kathleen sebelius. fred upton wants to gavel it as close to 9:00 a.m. as possible. she'll be testifying for three hours. mike levin is joining us, he served as health and human services secretary under

president bush. mr. secretary, thanks very much for joining us. i don't know if you prefer mr. secretary or governor. you have two good titles there. but take us into her seat right now. she is under enormous pressure. how do you think she got into this mess? >> wolf, i have to say that the seeds of this problem were sown a year ago as the administration made decisions not to issue regulations that were required for those developing the system to actually do it properly. and meps whhence when the site go live, it had been inadequately tested. they were issuing regulations in september for an october 1 implementation. i'm sure that will come up in the hearing today. but i think in terms of looking at causes, i think that's a big one. >> so who is to blame for that? >> well, let's just say i don't think that secretary sebel